WVC 23 - 5 A- 1
§23-5A-1. Discriminatory practices prohibited.
No employer shall discriminate in any manner against any of
his present or former employees because of such present or former
employee's receipt of or attempt to receive benefits under this
chapter.

WVC 23 - 5 A- 2
§23-5A-2. Discriminatory practices prohibited -- Medical
insurance.
Any employer who has provided any type of medical insurance
for an employee or his dependents by paying premiums, in whole or
in part, on an individual or group policy shall not cancel,
decrease his participation on behalf of the employee or his
dependents, or cause coverage provided to be decreased during the
entire period for which that employee during the continuance of
the employer- employee relationship is claiming or is receiving
benefits under this chapter for a temporary disability. If the
medical insurance policy requires a contribution by the employee,
that employee must continue to make the contribution required, to
the extent the insurance contract does not provide for a waiver
of the premium.

Nothing in this section shall prevent an employer from
changing insurance carriers or cancelling or reducing medical
coverage if the temporarily disabled employee and his dependents
are treated with respect to insurance in the same manner as other
similarly classified employees and their dependents who are also
covered by the medical insurance policy.

This section provides a private remedy for the employee
which shall be enforceable in an action by the employee in a
circuit court having jurisdiction over the employer.

(a) It shall be a discriminatory practice within the meaning
of section one of this article to terminate an injured employee
while the injured employee is off work due to a compensable injury
within the meaning of article four of this chapter and is receiving
or is eligible to receive temporary total disability benefits,
unless the injured employee has committed a separate dischargeable
offense. A separate dischargeable offense shall mean misconduct by
the injured employee wholly unrelated to the injury or the absence
from work resulting from the injury. A separate dischargeable
offense shall not include absence resulting from the injury or from
the inclusion or aggregation of absence due to the injury with any
other absence from work.

(b) It shall be a discriminatory practice within the meaning
of section one of this article for an employer to fail to reinstate
an employee who has sustained a compensable injury to the
employee's former position of employment upon demand for such
reinstatement provided that the position is available and the
employee is not disabled from performing the duties of such
position. If the former position is not available, the employee
shall be reinstated to another comparable position which is
available and which the employee is capable of performing. A
comparable position for the purposes of this section shall mean a
position which is comparable as to wages, working conditions and,
to the extent reasonably practicable, duties to the position held
at the time of injury. A written statement from a duly licensed physician that the physician approves the injured employee's return
to his or her regular employment shall be prima facie evidence that
the worker is able to perform such duties. In the event that
neither the former position nor a comparable position is available,
the employee shall have a right to preferential recall to any job
which the injured employee is capable of performing which becomes
open after the injured employee notifies the employer that he or
she desired reinstatement. Said right of preferential recall shall
be in effect for one year from the day the injured employee
notifies the employer that he or she desires reinstatement:
Provided,
That the employee provides to the employer a current
mailing address during this one year period.

(c) Any civil action brought under this section shall be
subject to the seniority provisions of a valid and applicable
collective bargaining agreement, or arbitrator's decision
thereunder, or to any court or administrative order applying
specifically to the injured employee's employer, and shall further
be subject to any applicable federal statute or regulation.

(d) Nothing in this section shall affect the eligibility of
the injured employee to workers' compensation benefits under this
chapter.

WVC 23 - 5 A- 4
§23-5A-4. State employees to accrue increment pay during absence
due to work-related injuries; legislative rules.
(a) All employees of the state of West Virginia shall continue
to accrue increment pay during absences from work due to a
work-related compensable injury.

(b) The director of the division of personnel shall propose
rules for legislative approval to implement the provisions of this
section.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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